On Structuring The System Of Mediation In Placing Cases On File Of China

With the development of economy and society, mediation emerged as a mode of solving disputes. The mediation system of China has been well known as "the oriental experience", of which the mediation in placing cases on file is a new type. When a dispute arises, the parties resort to the court for solving it. Before the case is tried by the court according, to the procedures, the judge of the court for placing cases on file can make suggestions for the parties according to their application or the opinion of his or her own. In other words, the judge or other people concerned can help the parties to reach a compromise so as to solve the dispute by the mediation in placing cases on file. In structuring the harmonious socialist society, the system of mediation in placing cases on file has been widely applied in solving disputes and made great achievements. However, there are no unified and explicit regulations of this system in laws, which cause quite a few problems in operation and a lot of confusion in practice. The thesis aims at defining the system of mediation in placing cases on file and puts forward the suggestions on legislation for structuring the system in China. The thesis begins with the concept of the system of mediation in placing cases on file, learns from the experiences of foreign countries, and puts forward the suggestions on structuring the system based on the analysis of feasibility and necessity for setting up the system of mediation in placing cases on file in China. Thus, the mediation can develop and operate very well in the judicial practice of our country.